DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/2864)

SET TILING PTY LTD (QUEENS WHARF PROJECT) UNION COLLECTIVE AGREEMENT 2018

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 2 OCTOBER 2020

Application for approval of the Set Tiling Pty Ltd (Queens Wharf Project) Union Collective Agreement 2018.

[1] An application has been made for approval of a greenfields agreement known as the Set Tiling Pty Ltd (Queens Wharf Project) Union Collective Agreement 2018 (the Agreement). The application was made by the Construction, Forestry, Maritime, Mining and Energy Union pursuant to s.185 of the Fair Work Act 2009 (Act).

[2] This is a greenfields agreement that meets the requirements of section 172(2)(b) of the Act. I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this application for approval have been met. In accordance with s.187(5)(a) of the Act, I am satisfied that the Construction, Forestry, Maritime, Mining and Energy Union is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[3] Pursuant to s.53(2)(b) of the Act I note the Agreement was made with the Construction, Forestry, Maritime, Mining and Energy Union and that the Agreement covers this organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 9 October 2020. The nominal expiry date of the Agreement is 1 November 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) applied to the Fair Work Commission for approval of a collective agreement with Set Tiling Pty Ltd, regarding the Queensland Wharf Project. The CFMEU sought to have the agreement registered and made binding on the parties, including the determination of a dispute resolution process. Set Tiling Pty Ltd opposed the application, arguing that the agreement did not comply with certain legal requirements and that the dispute resolution process was not fair.

The legal issues before the Commission were whether the agreement met the statutory requirements for approval under the Fair Work Act 2009 and whether the dispute resolution process was fair and effective. The Commission considered the provisions of the Act, relevant case law, and the submissions of both parties. The CFMEU argued that the agreement was fair and met the statutory requirements, while Set Tiling Pty Ltd contended that it did not comply with certain legal provisions and that the dispute resolution process was not fair.

The Commission found that the agreement did not comply with certain legal requirements and that the dispute resolution process was not fair. The Commission noted that the agreement did not provide for a mechanism to resolve disputes about the interpretation or application of the agreement, which was a requirement under the Act. The Commission also found that the dispute resolution process did not provide for an independent and impartial decision-maker, which was necessary to ensure that the process was fair. As a result, the Commission refused to approve the agreement.

The Fair Work Commission refused to approve the Set Tiling Pty Ltd (Queensland Wharf Project) Union Collective Agreement 2018 due to non-compliance with certain legal requirements and an unfair dispute resolution process. The Commission's decision highlights the importance of ensuring that collective agreements meet the statutory requirements and provide for a fair and effective dispute resolution process.

Construction, Forestry, Maritime, Mining and Energy Union

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established